§ 2218. Partitioning of territory and formation of new school
districts by district superintendents. Notwithstanding any other
provision of law to the contrary, in addition to the authority granted
under the provisions of article thirty-one of this chapter, a district
superintendent of schools may order the partitioning of territory from
an existing union free, central, central high school or enlarged city
school district that is located within his or her supervisory district,
the dissolution and reformation of the existing school district where
necessary and the formation of a new union free or city school district
out of such territory in accordance with the provisions of this section.

1. Definitions: For the purposes of this section and section
thirty-six hundred two-f of this chapter:

a. "Actual valuation" means the actual valuation, as defined in
paragraph c of subdivision one of section thirty-six hundred two of this
chapter, of a school district that would result from reorganization
pursuant to this section.

b. "Enlarged city school district" means a city school district of a
city having a population of less than one hundred twenty-five thousand
inhabitants that includes areas outside of the city boundaries.

c. "Enrollment" means the unduplicated count of all children
registered to receive educational services in grades kindergarten
through twelve, including children in ungraded programs as registered on
the date prior to November first that is specified by the commissioner
as the enrollment reporting date for the school district or non-public
school, as reported to the commissioner.

d. "Municipality" means a city having a population of less than one
hundred twenty-five thousand inhabitants, a village or a town, wholly
contained in one school district.

e. "New school district" means the school district formed or reformed
from the territory partitioned from the pre-existing school district
that is coterminous with a municipality.

f. "Pre-existing school district" means a union free, central, central
high school or enlarged city school district from which territory is to
be partitioned pursuant to this section.

g. "Remaining school district" means the school district remaining
after its boundary is altered to partition a municipality.

h. "Union free school district" means any union free school district
other than a special act school district as defined in subdivision eight
of section four thousand one of this chapter.

2. Minimum qualifications. To be eligible for reorganization pursuant
to this section, the municipality seeking to reorganize a new school
district shall have a population of at least ten thousand inhabitants
and the remaining school district shall have an enrollment of at least
one thousand children, provided that any territory that was added to the
pre-existing school district by vote for annexation, centralization or
consolidation shall not be eligible for partitioning pursuant to this
section until five years after the vote approving such annexation,
centralization or consolidation.

3. Procedure for reorganization. a. Reorganization pursuant to this
section may be initiated by a petition to the board of education of the
pre-existing school district submitted by the governing body of the
municipality seeking to reorganize a new school district. If the board
of education determines that the petition has been properly submitted
and that the territory described in the petition meets the minimum
qualifications for reorganization under this section, it shall transmit
a copy to the district superintendent with a request for assistance in
the development of a plan for reorganization to form a new union free or
city school district out of such territory.

b. The district superintendent shall assist the petitioners in
developing such reorganization plan in consultation with representatives
of the pre-existing school district. Such reorganization plan shall:

(i) describe the boundaries of the new school district;

(ii) state the effective date of the reorganization and indicate
whether the new school district will be a union free school district or
a city school district and, in the case of reorganization involving a
central high school district or a city school district, the type of
school district that the remaining school district will be;

(iii) describe how the facilities needs of the new school district
will be met;

(iv) describe the impact of the reorganization upon teachers and other
employees of the pre-existing school district;

(v) describe the educational programs and services to be provided by
the new school district, and for any reorganization that will take
effect during a school year, describe how programs and services to
students residing in the new school district will be continued without
disruption for the balance of such school year;

(vi) set forth any real or personal property of the pre-existing
school district that will be transferred to the new school district in
accordance with this section;

(vii) provide for a proposed allocation of the bonded indebtedness of
the pre-existing school district incurred while the territory to be
partitioned was part of such pre-existing school district and for a
proposed allocation of other debt of the pre-existing school district;

(viii) describe the impact of the reorganization on the contractual
obligations of the pre-existing school district;

(ix) include a proposed budget for the new school district for the
first school year of its operation and estimate the impact of the
proposed reorganization on school taxes for taxpayers in the new school
district and the remaining school district; and

(x) describe any necessary transition procedures for the first school
year of operation of the new school district, including but not limited
to procedures for the recommendation of special education programs and
services for students with disabilities and preschool children with
disabilities residing within the new school district.

c. The district superintendent shall review the proposed
reorganization plan and determine whether it is in compliance with the
requirements of this section. If the district superintendent certifies
to the board of education of the pre-existing school district that such
plan is in compliance, such board, within twenty days after receipt of
such certification, shall proceed to call a special district meeting to
conduct a vote on the proposed reorganization unless such reorganization
is approved by a vote of the board of education to the extent provided
under paragraph d of this subdivision and shall schedule at least one
public hearing on the proposed reorganization, to be held not less than
seven days prior to the vote. Notice of such special district meeting
shall specify the date and time at which the vote will be held, which
shall be not less than twenty nor more than thirty days after the
publication or posting of such notice, and the place or places within
the pre-existing school district at which the vote will be held. Such
notice shall be published at least once a week for three consecutive
weeks preceding the meeting in at least one newspaper in general
circulation in the pre-existing school district, and if there be no such
newspaper in general circulation in the district, such notice shall be
posted in at least five conspicuous places in said district at least
twenty days before such meeting.

d. The proposed reorganization shall be subject to approval by:

(i) a majority vote of the qualified voters residing in such
municipality, or a vote of at least two-thirds of the governing body of
such municipality, and

(ii) a majority vote of the qualified voters residing in the remaining
school district, or a vote of at least two-thirds of the board of
education of the pre-existing school district provided that a member who
resides in such municipality shall be ineligible to vote as a school
board member on the proposition for reorganization.

e. Notwithstanding any other provision of law to the contrary, the
board of education of the pre-existing school district shall be
authorized to establish special election districts for the purpose of
conducting the votes required under paragraph d of this subdivision, and
the district superintendent shall be authorized to order any other
modifications in school election procedures that are needed to carry out
the provisions of this section.

4. Order of district superintendent. The clerk of the pre-existing
school district shall file with the district superintendent a
certification of the results of the votes required by paragraph d of
subdivision three of this section. Upon filing of a certification that
both required votes are in favor of reorganization, the district
superintendent shall issue an order forming or reforming the new school
district, altering the boundaries of the pre-existing school district
accordingly, and, where necessary, reforming the remaining school
district and shall file such order in the manner prescribed in section
fifteen hundred six of this chapter. The new school district shall be
formed as a union free school district authorized to provide instruction
in grades kindergarten through twelve, except that if the new school
district is coterminous with a city having a population of one hundred
twenty-five thousand inhabitants or less, such order shall designate
such district as a city school district. Notwithstanding the foregoing,
where the territory partitioned from a central high school district is
coterminous with a former component school district of such central high
school district, the district superintendent's order shall reform the
component school district as a union free school district authorized to
provide instruction in grades kindergarten through twelve. The remaining
school district shall retain its status as a union free, central,
central high school or city school district, except that (i) where the
new school district is a city school district, the remaining school
district shall be reformed as a union free school district, and (ii)
where such reorganization would result in a central high school district
with only one component district, the district superintendent shall
order reformation of the remaining central high school district into a
union free school district.

5. Effect of partitioning of territory. a. If there is outstanding
bonded indebtedness chargeable against the pre-existing school district
at the time of reorganization incurred while the territory to be
partitioned was part of such pre-existing school district, the district
superintendent shall apportion such indebtedness between the new school
district and the remaining school district according to the actual
valuation of the two districts, based on data on file with the
commissioner; and any approved expenditures for debt service represented
by such apportioned indebtedness shall be eligible for an apportionment
of building aid computed pursuant to subdivision six of section
thirty-six hundred two of this chapter using an aid ratio computed for
use in any year commencing with the nineteen hundred
eighty-one--eighty-two school year for the pre-existing school district.
The portion of such bonded indebtedness so apportioned shall become a
charge upon the respective districts as though the same had been
incurred by said districts separately, and the amount so apportioned
shall not be adjusted thereafter.

b. Where the pre-existing school district has incurred indebtedness
other than bonds or notes for the benefit of the residents of the
municipality such other debt may be apportioned by the district
superintendent between the new school district and the remaining school
district in the manner and to the extent provided in the reorganization
plan.

c. Upon the effective date of the reorganization, legal title and all
other property rights to any school facility of the pre-existing school
district that is located within the new school district shall be
transferred to such new school district, except that school facilities
of a central high school district shall remain the property of the
central high school district. The district superintendent shall
apportion the value of any school facility so transferred between the
new school district and the remaining school district according to the
actual valuation of the two districts based on data on file with the
commissioner. In determining such value, the district superintendent
shall deduct from the fair market value of the school facility the
amount of any outstanding bonded indebtedness on such facility. The
cost of an appraisal to determine fair market value shall be a charge
upon the new school district. The board of education of the new school
district shall reimburse the board of education of the remaining school
district in an amount equal to the remaining school district's share of
the value of the school facility as apportioned by the district
superintendent, and such amount shall be a charge upon the new school
district.

d. Any school bus or personal property of the pre-existing school
district that is no longer needed by the remaining school district may
be transferred to the new school district upon such terms and conditions
as may be agreed upon by the boards of education of the remaining school
district and the new school district.

e. For any reorganization pursuant to this section that takes effect
during a school year, the district superintendent shall apportion the
administrative expense of the board of cooperative educational services
chargeable to the pre-existing school district between the new school
district and the remaining district based on the actual valuation of the
two districts.

f. Members of the teaching and supervisory staff of the pre-existing
school district at the time of the reorganization shall have the right
to select the school district in which he or she shall be considered an
employee, with the same tenure status he or she maintained in the
pre-existing school district. Such selection shall be based on each
teacher's seniority in the pre-existing school district, with the right
of selection passing from such teachers with the most seniority to such
teachers with the least seniority. Any such teacher who is unable to
obtain a teaching position in the new school district because the number
of positions needed is less than the number of teachers eligible to be
considered employees pursuant to this paragraph shall, in such new
school district and in the remaining school district, be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in a position similar to the one such teacher
filled in the pre-existing school district. Such teachers shall be
appointed to vacancies in such corresponding or similar positions in the
order of their length of service in the pre-existing school district,
within seven years from the date of the reorganization pursuant to this
section. For such teachers, for salary, sick leave or any other purpose,
the length of service credited in the pre-existing school district shall
be credited as employment time with the new school district or the
remaining school district, as applicable.

g. Members of the board of education of the pre-existing school
district who reside in the territory partitioned pursuant to this
section shall vacate their positions on the effective date of the
reorganization, and the vacancies so created shall be filled in the
manner provided by law, provided, however, that if the board of
education of the remaining school district is unable to obtain a quorum
to vote on whether to fill such vacancies by appointment or to call a
special district meeting to fill the vacancies by election within thirty
days after the reorganization, the district superintendent shall be
authorized to fill such vacancies until the next annual meeting and
election of the district. Whenever a school district is reformed
pursuant to this section, the reformed school district shall be the
successor in interest of the former school district and the board of
education of the former school district shall continue as the board of
education of the reformed school district, except that where a central
high school district is reformed as a union free school district the
board of education of the component school district that is coterminous
with the central high school district shall become the board of
education of the reformed school district, and the members of the board
of education of the central high school district shall vacate their
positions on the effective date of the reorganization.

h. Notwithstanding any other provision of law to the contrary, if a
proposal for reorganization pursuant to this section is defeated by the
voters, such proposal may not be resubmitted for a vote until two years
after the original vote.